Delaware Co-Executors: How Is the Fee Split?

Q: Do Delaware co-executors each get their own full commission?

No. Court of Chancery Rule 192 sets one reasonableness standard for the estate's administration; it doesn't multiply the commission by the number of personal representatives serving.

Q: Does the presumption of reasonableness under Rule 192(d) apply separately to each Delaware co-executor?

The account filed with the Register of Wills covers the administration as a whole, so a beneficiary's exception would typically address the commission structure shown in that account rather than isolate one co-executor's share automatically.

Q: Do the skill and experience factors under Rule 192 apply per co-executor in Delaware?

Logically yes - factors like the skill and experience of the personal representative and the loss of other business necessitated by the administration are inherently about the individual performing the work.

Q: Could one Delaware co-executor's share be reduced while another's stands, if a beneficiary objects?

Plausibly - since Rule 192's factors focus on the value and difficulty of services actually rendered, an exception targeting one co-executor's documented contribution wouldn't necessarily affect a diligent co-executor's own reasonable share.

Q: Do Delaware co-executors need a written agreement on how to split duties?

Not required by rule, but a clear written understanding of who handles which tasks can help support each person's share if a beneficiary later questions the account.

Quick answer: No, Delaware co-executors don't automatically each collect their own full commission with a combined total that grows by headcount. Court of Chancery Rule 192 contains no separate provision for multiple personal representatives — the same reasonableness factors and the same presumption of reasonableness govern, and the value of each co-executor's actual contribution would shape what's ultimately reasonable for them individually. Estimate the underlying illustrative range first with the Delaware executor fee calculator.

No formula, because there's no formula to split

12 Del. C. § 2305 & Court of Chancery Rule 192: the rule speaks of "commissions of personal representatives" in the plural without setting out a specific multi-fiduciary split. Unlike states with an explicit statutory percentage and a numbered multi-representative subsection, Delaware's reasonableness-only standard has nothing to say specifically about co-executors, because it has nothing to say specifically about a formula at all.

The factors point naturally toward individual assessment

Several of Rule 192(b)'s factors are inherently about the individual performing the work — the skill and experience of the personal representative, the time spent, and the loss of other business necessitated by taking on the administration can't sensibly be applied to a group as a single unit. A beneficiary or the court weighing these for co-executors would naturally look at what each individual actually contributed.

The presumption still applies to the account as filed

Rule 192(d): the account the personal representatives file with the Register of Wills is what a beneficiary's exception would respond to. With co-executors, that account would need to show how the total commission breaks down, giving a beneficiary who disagrees with one co-executor's share a concrete basis to object to that specific portion.

Real coordination costs, same as anywhere

Co-executors in Delaware share fiduciary duties, and disagreements about pace, priorities, or how to divide tasks can slow administration or invite disputes — a practical consideration independent of how compensation eventually gets assessed.

Worked example

Two siblings serve as co-executors of a Delaware estate worth $500,000. One handles the bulk of the administrative work; the other contributes occasionally. A sole personal representative doing all the work might reasonably take an illustrative 3% commission, or $15,000.

Co-executor	Share of work	Illustrative compensation
Sibling A (primary administrator)	80%	$12,000
Sibling B (occasional support)	20%	$3,000

Illustrative only — Delaware's rule doesn't specify how to split compensation between co-executors; each person's reasonable share reflects their own actual contribution, up to the combined illustrative $15,000 total.

Facing probate in Delaware?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Delaware attorney

Delaware co-executors — frequently asked questions

Do Delaware co-executors each get their own full commission?

No. Rule 192 sets one reasonableness standard for the estate's administration; it doesn't multiply the commission by the number of personal representatives serving.

Does the presumption of reasonableness under Rule 192(d) apply separately to each Delaware co-executor?

The filed account covers the administration as a whole, so an exception would typically address the commission structure shown there.

Do the skill and experience factors under Rule 192 apply per co-executor in Delaware?

Logically yes — factors like skill and experience are inherently about the individual performing the work.

Could one Delaware co-executor's share be reduced while another's stands, if a beneficiary objects?

Plausibly — an exception targeting one co-executor's contribution wouldn't necessarily affect a diligent co-executor's own share.

Do Delaware co-executors need a written agreement on how to split duties?

Not required by rule, but a clear understanding can help support each person's share if questioned.

Estimate for general guidance only, not legal advice. Based on 12 Del. C. § 2305 and Court of Chancery Rule 192. Delaware has no statutory formula for dividing compensation among co-executors; the illustrative 80/20 split above is not a rule of law. Consult a Delaware probate attorney to resolve a specific dispute over compensation between co-executors.